setting aside – Malaysian CIPAA

Recommencing CIPAA Proceeding after the Adjudication Decision is being Set Aside?

The enactment of Construction Industry Payment and Adjudication Act 2012 allows the Contractor to recover payment from Employer speedily. In exceptional case, a CIPAA Adjudication Decision could be set aside under Section 15 of CIPAA 2012 where the Adjudicator had committed the following error: Section 15 of CIPAA 2012: Improperly procured adjudication decision An aggrieved party may apply to the High Court to set aside an adjudication decision on one or more of the following grounds: (a) the adjudication decision was improperly procured through fraud or bribery; (b) there has been a denial of natural justice; (c) the adjudicator has

30/01/2018 No Comments

Setting Aside of CIPAA 2012 Adjudication Decision by the Claimant / Unpaid Party

The enactment of Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) allows the contractors / consultants to recover construction outstanding payment and resolve payment dispute speedily. However, there were cases where the Contractor’s / Consultant’s claims being wrongfully dismissed by the Adjudicator. In such scenario, it is previously thought that after the Unpaid Party’s / Claimant’s claim is dismissed by the Adjudicator, the Unpaid Party / Claimant can only proceed to recover the payment by commencing arbitration proceeding / court litigation, which often time could be very expensive and time-consuming. In this case, the High Court clarified and held

30/09/2017 No Comments

Tag: setting aside

Recommencing CIPAA Proceeding after the Adjudication Decision is being Set Aside?

Setting Aside of CIPAA 2012 Adjudication Decision by the Claimant / Unpaid Party

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